The Board of Immigration Appeals (“BIA”) is an administrative appellate body that is part of the U.S. Department of Justice. BIA decisions are the final administrative action in a removal proceeding. However, most BIA decisions can be appealed to a U.S. Court of Appeals.
The BIA may be affirm the decision of an Immigration Judge. Alternatively, the Board may either reverse or remand a Judge’s decision.
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The jurisdiction of the BIA extends beyond removal proceedings. For instance, if the USCIS denies an I-130 family-based petition, the petitioner may appeal to the BIA. If the BIA affirms the denial, the appeal is not to the Court of Appeals but to the Federal District Court. Attorney Shusterman once traveled to Falls Church, Virgina to argue an appeal before the BIA of a decision by the INS District Director in Buffalo, New York who had denied a nonimmigrant visa waiver for our client who was a Canadian citizen. The BIA panel overturned the denial, and ruled unanimously in favor of our client.
There are now 28 volumes of BIA precedent decisions, all of which we link to from this page. We also link to unpublished BIA decisions. Although unpublished decisions do not constitute precedents, they can be very useful in preparing your case.
The BIA allows certain non-attorneys to represent clients. However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and must have obtained BIA accreditation.
A practice manual for appearing before the BIA is available from the U.S. Department of Justice.
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings – it decides appeals by conducting a “paper review” of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.
The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm.
BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.
The BIA is directed to exercise its independent judgment in hearing appeals for the Attorney General. BIA decisions designated for publication are printed in bound volumes entitled Administrative Decisions Under Immigration and Nationality Laws of the United States.
The Board of Immigration Appeals page contains the following:
GENERAL INFORMATION – Board of Immigration Appeals
- Board of Immigration Appeals
- Members of the Board of Immigration Appeals
- Court Rules on Standard of Proof for Inadmissible LPR in Removal Proceedings
- Precedent Decisions of the BIA
- Board Precedents and Related Court Decisions Chart
- Unpublished BIA Decisions
- Practice Manual
- Practice Manual Quick Navigation
- Frequently Requested FOIA Records From the BIA
- EOIR Announces New BIA Chairman (5-29-20)
- EOIR Proposes Interim Final Rule to Add Two Members to BIA (3-31-20)
- BIA: Mental Health Shouldn’t Be Considered in “Particularly Serious Crime” Analysis (7-17-14)
- Attorney General Holder Appoints BIA Member Forced Off the Board by former AG Ashcroft (August 3, 2009)
- Five New Members Appointed to the BIA (May 30, 2008)
- Attorney General’s Memo to BIA – January 9, 2006
- Summary and Conclusions Re: BIA Reform Study (October 2003)
- Study – Board of Immigration Appeals: Procedural Reforms To Improve Case Management (October 2003) – 248 Pages
- Regulations To Revamp BIA (Effective 9-25-02)
- Justice Department Press Release: Regulations To Revamp BIA
- Justice Department Fact Sheet: Regulations To Revamp BIA
PRACTICE ADVISORIES – Board of Immigration Appeals
- Standards of Review Applied by the Board of Immigration Appeals (4-22-20)
- Administrative Closure Post-Castro-Tum (10-22-19)
- The Basics of Motions to Reopen EOIR-Issued Removal Orders (2-07-18)
- Strategies to Avoid Stopping the Asylum Clock (2-28-06)
- Staying The Voluntary Departure Period When Filing A Motion To Reopen (12-16-05)
- EOIR Background and Security Check Regulations–Effective April 1, 2005 (4-6-05)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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